ELECTION NULLIFICATION in California (Bilbray sworn early to thwart law)

[Mugsy]

ELECTION NULLIFICATION in California Congressional Election
by Paul Lehto
http://www.opednews.com

As lead counsel in the election contest in California's 50th Congressional District, I wish to bring to your immediate intention the intent of Congress to terminate elections before the votes are counted and long before certification. It is now proven that the Congress intended this precise result when they swore in Brian Bilbray only 7 days after the June 6 special election, and then subsequently argued that this action deprived everyone but the House of Representatives of all jurisdiction, right or power to do anything about it, nor even to have a recount or investigation of the vote!

First, an extended quote from Bradblog, then more from me.

BREAKING! 2000 ELECTION REDUX! http://www.bradblog.com/?p=3325

Busby/Bilbray Contest Defendants Claim Election Decided in DC, Not California!

Plaintiff in Response: 'Defendant's Argument Means Election Is Uncertified, Never Happened'

Guest blogged by Winter Patriot

{...}
The CA50 special election was held on June 6, on illegal voting machines as has been described here many times. (link omitted). On June 13, Brian Bilbray was sworn in to House of Representatives. On June 30, the election certified by Registrar of Voters Mikel Haas. And on August 22, defendants filed a brief and moved to dismiss, stating that because Bilbray has already been sworn in, the Court has no jurisdiction whatsoever and the House has exclusive jurisdiction to judge who its members are and the qualifications of those members.

According to attorney Paul Lehto,

START QUOTE
"The defendants' position is that the court is powerless (i.e. without jurisdiction) to do anything about this election contest, because Bilbray was sworn in only 7 days after the June 6, and long before the election was legally final on or about June 29.

(more)

[Patsy Stone]

1. I would imagine that's correct

If it's not yet certified, it's not official. Taking an oath of office does not supersede certification, does it? I know B v.G and all that, but Katherine Harris did have to certify the illegally stopped tallies, didn't she?

[Generator]

4. Cripes!

I don't know. But I will never forget Jonathan Turley on Countdown discussing the aftermath of the 2004 election and how much time Kerry had. And he DID say that basically, once one candidate is sworn in, he is the president. That that is the end of it-no matter what the votes say after the fact. You would have to impeach to remove even if there was absolute proof that the man sworn in was not the victor.

And the idea that they use this basic tenent of the law to subvert the voters is why I remembered it now. This is exactly all the Republican party is. They "win" by fraud, deception, bribery, threats, and if all they can do-hell a technicality will do.

"He's already Sworn in-what are you gonna do about it, suckers?!"

[autorank]

2. Here's the easy to follow sequence....and here's to Land Shark!!!

On June 6, 2006 Republican Brian Bilbray allegedly slightly outpolled Democrat Francine Busby in the special election for California’s 50th Congressional District, despite Busby’s lead in the polls going into the election. There were immediate cries of foul following the election due to major irregularities, including electronic voting machines sent out to the homes and cars of volunteers for up to 12 days prior to the election, and irregular election results like huge mega-precincts of absentee ballots where turnout was thousands of percent more than registered voters.

On June 13, 2006, Bilbray flew to Washington, DC and was sworn in as a member of the United States House of Representatives by House Speaker Dennis Hastert.

On or about June 30, 2006, 17 days after Bilbray was sworn in as a member of the House, Mikel Haas, Registrar of San Diego County, officially completed the audit of election results required for certification, and officially certified the election of Bilbray over Busby based on 163,931 votes cast, of which 2,053 votes were said to be cast on Diebold TSX touchscreens, and the remainder scanned via Diebold Accuvote OS computers.

On July 31, 2006, the Contestants filed an election contest, seeking a hand recount and to invalidate the election on several grounds, not only including the affirmative evidence of irregular results, but also including the stonewalling of citizen information requests and the pricing of recounts at an estimated $150,000 that made it difficult or impossible for any citizen to tell who won the election.

On August 22, 2006 the defendants moved to dismiss, arguing that the swearing in of Bilbray deprives everyone else of jurisdiction including specifically the San Diego Superior Court because Art. I, sec. 5 of the US Constitution has been held to mean that the House and Senate are the judges of the Qualifications of their Members, one of those qualifications is supposed to be “election.”
http://www.scoop.co.nz/stories/HL0608/S00316.htm

Amazing...Hastert is psychic...he just knew w/100% certainty that the election would be certified thus justifying his 17 day head start for Bilbray...and he also knows that Quantum physics says there's no time (or maybe that was my physical education teacher). hence, there's no problem. Sweet!


On edit: K&R of course!!!

[Mugsy]

5. Side-stepping law: Consciousness of guilt.

Great run-down. Adds lots of background for those not familiar with the race.

The fact that the GOP rushed Bilbray's swearing in seems to me a conscious recognition of the fact that the results could be over-turned.

[havocmom]

3. K&R

Anybody who reads this and doesn't see they are simply throwing out the election process is just as crooked as the GOP.

[Wilms]

6. K&R n/t

[yurbud]

7. how much longer until they start announcing vote totals like Saddam's

or Stalin's?

"Is 99% for glorious Republikan kandidate!"

[krispos42]

8. Continuing Constitutional Crisis

Damn, how many of these things going on at once do we need?!?!?!?!?!?

Plame, falsified Iraq intelligence, illegal war and possible war criminals, torture, denial of due process, illegal warrantless wiretaps, 2004 Ohio election fraud...

I don't think we have enough congressional members to run all of the investigations!

[Tiggeroshii]

9. sounds like something needs to get done.

good luck to the good people fighting for our right for our votes to be counted.

[lonestarnot]

10. Perhaps we all need to buy plane tickets to San Diego.

[autorank]

11. Mugsy, you're rokken...great post.

Lehto manages to make complex arguments accessible without sacrificing the importance of the various levels and nuances. This piece is a good example.

This sounds like a blurb on the back of a book so I'll stop but great post!!!

K&Rokken